Minutes for RegularMeeting

May 10, 2005

P.O. Box 246, Capitan, NM 88316

Phone: 505-354-2247

Fax: 505-354-2713

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Minutes
Tuesday, May 10, 2005
6:30pm
Village Hall

The Village of Capitan Board of Trustees held their regular council meeting on May 10, 2005 at the Village Hall Building. Mayor Sederwall called the meeting to order at 6:30 pm. Trustees present were George Tippin, Bill Martin, Ed Davis and Bobbie Shearer.

There was moment of silence and the Pledge of Allegiance

Consent Agenda Motion by Trustee Shearer seconded by Trustee Martin to accept the consent agenda and account payable. Roll Call: Trustee Shearer yes, Trustee Davis yes, Trustee Martin yes, Trustee Tippin yes.

Resolution 2005-15 Correctional Fund Motion by Trustee Shearer seconded by Trustee Davis to accept Resolution 2005-15 Correctional Fund. Roll Call: Trustee Tippin yes, Trustee Martin yes, Trustee Davis yes, Trustee Shearer yes.

Resolution 2005-26 Lodger’s Tax Motion by Trustee Tippin seconded Trustee Martin to accept Resolution 2005-26 Lodger’s Tax. Roll Call: Trustee Tippin yes, Trustee Martin yes, Trustee Davis yes, Trustee Shearer yes.

Lodger’s Tax Lincoln Day’s Cowboy Shooters The applicants were not present and had not submitted any paperwork. Mayor recommended that we move to the next item.

Ed Tinsley ETZ Water Report A letter was read by a representative from Ed Tinsley staff; presenting a proposal for the Village to look as a starting point for negotiation. Ken Nosker addresses the water rights and the issues of transferring the water rights to the Village.

Question that were brought up in the discussion: The water storage capacity needed, water well that might be needed, the booster station, the water rights, the liability of the Village on the roads in the subdivision if the system is put in, what will this do to other subdivision outside the Village limits. Trustees stated that guideline needs to be carefully looked at for the future needs of the Village’s best interest.

Motion by Trustee Martin seconded by Trustee Shearer for the Village to enter into negotiations with Mr. Tinsley and his representatives to determine his proposals are keeping in the best interest of this Village, in the fact that we can do this and meet everyone needs. Roll Call: Trustee Shearer yes, Trustee Davis yes, Trustee Martin yes, Trustee Tippin no.

A committee was formed consisting of Terry Cox, David Cox, Steve Osborn, Trustee Bill Martin and Mr. Tinsley and/or his representatives.

Chamber of Commerce Mary Brother requested that the Village look into sponsoring the events due to insurance burden on the Chamber. The events of concern are: Smokey Bear Days, 4 of July Parade and Carnival, Art Show during the Lincoln County Fair and Hometown Bazaars.

Smokey Bear Days The Mayor and Trustees applaud the Smokey Bear Committee Volunteers for an excellent 2 Annual Smokey Bear Days event. Trustee Martin wanted to thank Eddie Tutor, Mary Brothers and the Chamber of Commerce, Hometown Smokey Bear Association, United State Forestry Service, New Mexico State Forestry, Trustee Tippin, Peter Renick, the Fire Departments, and the other volunteers. Bill asks that the Village be involved in the event.

Mayor requested that item 8 and 9 be moved to after the executive session due to the pending litigation of CCNG.

Baseball Field Groundbreaking for the baseball field will be May 18 at 6:30 pm, Representative Foley and Senator Adair will be present. The water will be donated for the construction by the Village.

Bid approval for Bulk Water Station Motion by Trustee Martin seconded by Trustee Davis to accept the Bulk Water Station bid by Municipal Solution in the sum of
$26,074.00. Roll Call: Trustee Shearer yes, Trustee Davis yes, Trustee Martin yes, Trustee Tippin yes.

ForemanlSupervisor Report Terry Cox stated that Smith Engineering is on schedule for the CDBG project.
Johnathon LaMay stated that the Mapp project will be completed by next week. Trustee Davis asks about the new culvert that was replaced near Randy Spears property. We will be getting a letter of concern. Johnathon stated the cost of curb cuts and the council stated to raise the prices to cover the cost and loss money.

Break was taken from 7:50 pm to 8:00 pm.

Budget Workshop Motion by Trustee Martin seconded Trustee Davis to accept the budget as presented to the council. Roll Call: Trustee Shearer yes, Trustee Davis yes, Trustee Martin yes, Trustee Tippin no.

The budget proposal does not include a salary increase for employees. The MVD clerk will go from part time to full time. The budget reflects a 10% increase in insurance rates. On capital outlay General Fund total of $109,000. (Snowplow $4,000; Side mount mower $45,000; Shop $60,000)

On capital outlay Utility/Water Fund total of $50,000. (Truck $30,000; Rock Breaker $20,000)

Resolution 2005-27 Budget Approval for 2005-2006 Motion by Trustee Shearer seconded by Trustee Davis to accept Resolution 2005-27 Budget Approval for 2005-2006. Roll Call: Trustee Tippin no, Trustee Martin yes, Trustee Davis yes, Trustee Shearer yes.

Executive Session Motion by Trustee Martin seconded by Trustee Davis to go into executive session at 8:03 pm to discuss Section l0-15-(H) 2 Personnel Matters-Animal Control and Police Department and; Section 10-15-(H)7 Pending Litigation of CCNG. Roll Call: Trustee Tippin yes, Trustee Martin yes, Trustee Davis yes, Trustee Shearer yes.

Regular Session Motion by Trustee Tippin seconded by Trustee Davis to go back into regular session at 9:23 pm. All in favor, motion carried.

Trustee Shearer attested that only Personnel Matters-Animal Control and Police Department; Pending Litigation of CCNG was discussed.
Section 10-15-1(H) 2 Personnel Matters-Animal Control and Police Department

Motion by Trustee Shearer seconded by Trustee Martin for the Village Attorney to draft a letter as directed requiring personnel for Code Enforcer/Animal Control. All in favor, motion carried.

Trustee Shearer seconded Trustee Tippin to have Trustee Davis, Trustee Martin and another person of their choice to review and interview for a Police of Chief. All in favor, motion carried.

Section 10-15-1(H) 2 Pending Litigation of CCNG Motion by Trustee Shearer seconded by Trustee Martin to have our Attorney file the appropriate pleading regarding the pending litigation of Capitan Carrizozo National Gas and the Town of Carrizozo; and to draft letter to the DFA and Attorney General’s Office. All in favor, motion carried.

Motion by Trustee Tippin seconded to Trustee Davis to adjourn the meeting at 9:25 pm. All in favor, motion carried.

Bobbi Shearer, Mayor Pro Tern

ATTEST:

Anna Gail Grassie, Village Clerk

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